LAW 1501 Study Guide - Final Guide: Alternative Facts, Judiciary Of Australia, Assisted Reproductive Technology
WEEK 2 FOUNDATIONS READINGS
CHAPTER 6 TEXTBOOK-
Case Law/Common Law made by judges previously most important source of law
Tribunal rulings not binding but important and persuasive
Role of judges to make decisions to resolve disputes not stop them from happening
Civil Case- Plaintiff name comes first in citation, appellant name first in citation
When the Crown is represented it is cited as R (Regina or Rex)
Case Analysis- Citation, Court, Material Facts, Procedural history, grounds for
appeal, court analysis of law, principle of law, application of law to facts, decision,
orders, social or cultural context (IRAC methodology)
Material Facts- Those that form the basis of the court’s decision
Procedural History- Any previous decisions relation to the case e.g. appeals
Grounds for appeal
Summary of Court’s analysis of law- How the court interprets the law they are
applying
Principle of law- Related to the above, principle to be applied
Application to the Facts- How the principle of law relates to the facts of the case
Appellate cases decided by 3-7 judges
Tribunals and non-court judicial bodies referred to as quasi-judicial
Doctrine of statutory law superiority over case law
Court role asserting that legislative bodies act within their constitutional
boundaries- ultra-vires (beyond power)
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Melissa Sparrow (a1668063)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Case law/common law made by judges previously most important source of law. Tribunal rulings not binding but important and persuasive. Role of judges to make decisions to resolve disputes not stop them from happening. Civil case- plaintiff name comes first in citation, appellant name first in citation. When the crown is represented it is cited as r (regina or rex) Case analysis- citation, court, material facts, procedural history, grounds for appeal, court analysis of law, principle of law, application of law to facts, decision, orders, social or cultural context (irac methodology) Material facts- those that form the basis of the court"s decision. Procedural history- any previous decisions relation to the case e. g. appeals. Summary of court"s analysis of law- how the court interprets the law they are applying. Principle of law- related to the above, principle to be applied. Application to the facts- how the principle of law relates to the facts of the case.
